The 2023 Florida Statutes (including Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 125
COUNTY GOVERNMENT

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F.S. 125.42

125.42 Water, sewage, gas, power, telephone, other utility, and television lines within the right-of-way limits of county roads and highways.—

(1) The board of county commissioners, with respect to property located without the corporate limits of any municipality, is authorized to grant a license to any person or private corporation to construct, maintain, repair, operate, and remove lines for the transmission of water, sewage, gas, power, telephone, other public utilities, television, or other communications services as defined in s. 202.11(1) under, on, over, across, or within the right-of-way limits of any county highway or any public road or highway acquired by the county or public by purchase, gift, devise, dedication, or prescription. However, the board of county commissioners shall include in any instrument granting such license adequate provisions:

(a) To prevent the creation of any obstructions or conditions which are or may become dangerous to the traveling public;

(b) To require the licensee to repair any damage or injury to the road or highway by reason of the exercise of the privileges granted in any instrument creating such license and to repair the road or highway promptly, restoring it to a condition at least equal to that which existed immediately prior to the infliction of such damage or injury;

(c) Whereby the licensee shall hold the board of county commissioners and members thereof harmless from the payment of any compensation or damages resulting from the exercise of the privileges granted in any instrument creating the license; and

(d) As may be reasonably necessary, for the protection of the county and the public.

(2) A license may be granted in perpetuity or for a term of years, subject, however, to termination by the licensor, in the event the road or highway is closed, abandoned, vacated, discontinued, or reconstructed.

(3) The board of county commissioners is authorized to grant exclusive or nonexclusive licenses for the purposes stated herein for television.

(4) This law is intended to provide an additional method for the granting of licenses and shall not be construed to repeal any law now in effect relating to the same subject.

(5) In the event of widening, repair, or reconstruction of any such road, the licensee shall move or remove such water, sewage, gas, power, telephone, and other utility lines and television lines at no cost to the county should they be found by the county to be unreasonably interfering, except as provided in s. 337.403(1)(d)-(j).

History.—ss. 1-3, ch. 23850, 1947; s. 1, ch. 57-777; s. 1, ch. 80-138; s. 2, ch. 2009-85; s. 1, ch. 2014-169; s. 1, ch. 2016-44.

F.S. 125.42 on Google Scholar

F.S. 125.42 on Casetext

Amendments to 125.42

Arrestable Offenses / Crimes under Fla. Stat. 125.42

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 125.42.

Annotations, Discussions, Cases:

Cases from cite.case.law:

J. PICHOWSKI, L. L. C. I- L. L. C. v. FLORIDA GAS TRANSMISSION COMPANY,, 857 So. 2d 219 (Fla. Dist. Ct. App. 2003)

. . . Other statutes cited by FGTC, such as sections 125.42(1), 177.031(7)(b), and 876.37(3), Florida Statutes . . .

ORIOLE HOMES CORPORATION, v. BELLSOUTH TELECOMMUNICATIONS, INC. f k a a, 641 So. 2d 504 (Fla. Dist. Ct. App. 1994)

. . . Sections 125.42 and 337.403, Florida Statutes (1989), provide, in essence, that when road widening takes . . .

v., 95 T.C. 495 (T.C. 1990)

. . . Ann. sec. 125.42 (West 1980). . . .

VIDAURRE, Jr. By VIDAURRE, Sr. Sr. v. FLORIDA POWER LIGHT COMPANY, 556 So. 2d 533 (Fla. Dist. Ct. App. 1990)

. . . See generally §§ 125.42, 337.401, 362.01, Fla.Stat. (1987). . . .

UNITED STATES v. VAN HEE, a k a N. Jr., 531 F.2d 352 (6th Cir. 1976)

. . . authorities may permit the exportation, without a license, to any destination, other than those listed in § 125.42 . . .

B. v., 46 T.C. 630 (T.C. 1966)

. . . This in turn, together with an uncontested increase of $125.42 in her reported capital gains, resulted . . .

CITY OF NEW YORK v. UNITED STATES, 97 F. Supp. 808 (Ct. Cl. 1951)

. . . Raising of RR track and restoring in operating condition — Investigation ...... 125.42 15. . . .